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· 6/9/1998

In Re: Steven Lynn Hornsby Teresa Lynn Hornsby, Debtors. Tennessee Student Assistance Corporation v. Steven Lynn Hornsby Teresa Lynn Hornsby

Citations

  • 144 F.3d 433
  • 40 Collier Bankr. Cas. 2d 313
  • 1998 U.S. App. LEXIS 12082

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that bankruptcy courts may partially discharge student debt absent undue hardship where debtor establishes “oppressive financial circumstances”
  • holding that debtors “need not live in abject poverty before a discharge is forthcoming”
  • holding that partial discharges are contrary to plain language of statute
  • observing that debtors “need not live in abject poverty before a discharge is forthcoming”
  • stating bankruptcy court has power to take action short of total discharge under 11 U.S.C. § 105(a)
  • applying clearly erroneous standard of review to factual findings underlying \undue hardship\ determination, which court reviews de novo

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Siler, Cohn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.